CHAPTER
What is Criminal Justice?
Criminal Justice:
Criminal Justice:
Criminal Justice:
What is the
Definition
of Crime?
Crime:
American History
A Brief Overview of Social
Phenomena 1850 - Present
American History
A Brief Overview of Social
Phenomena 1850 - Present
American History
A Brief Overview of Social
Phenomena 1850 - Present
What is
Justice?
Justice:
Social Justice:
Civil Justice:
Criminal Justice:
The Theme of this Book
Individual Rights vs. Public Order
The Theme of this Book
and
Individual Freedom vs. Public Safety
Individual Rights Advocates:
Public Order Advocates:
American Criminal Justice: The System
Law Enforcement
Courts
Corrections
American Criminal Justice: The Consensus Model
This model assumes cooperation
between all components of the system
towards a common goal.
American Criminal Justice: The Conflict Model
All components of the criminal justice system are self-serving and compete for
limited resources.
American Criminal Justice: Criminal Case Processing
Police: Investigation
and Arrest
proactive law enforcement
vs.
reactive law enforcement
Types of Police Responses: Reactive
The police respond to a request for assistance either as a result of a phone call from
a citizen, or are flagged down while on patrol.
Types of Police Responses: Proactive
The police, usually during routine patrol, observe a suspicious situation or a crime
in progress.
Warrant:
Arrest:
Arrest:
Miranda v. Arizona (1966)
Miranda v. Arizona (1966)
Miranda v. Arizona (1966)
Booking
At time of booking, the accused’s name, address, time and place of arrest, and
charges are entered into the police log.
Fingerprints and photos can also be taken.
First Appearance
Usually occurs within 24
Charges against the suspect are
hours of arrest.
read.
Accused is advised of his/her
rights.
First Appearance
An attorney is appointed if the
An opportunity for bail may be
accused is indigent.
provided.
Bail
to ensure that the accused
appears in court for trial
Preliminary Hearing: Grand Jury
The U.S. Constitution provides that the state must prove that there is probable
cause to believe that the accused committed the crime.
Probable Cause:
Preliminary Hearing: Grand Jury
When the state proves that there is probable cause, then there is sufficient reason to
try the person as charged. The Grand Jury can issue an indictment.
Preliminary Hearing
1.Whether a crime was committed.
2.Whether the crime occurred within the territorial jurisdiction of the court.
3.Whether there are reasonable grounds to believe that the defendant
committed the crime.
Arraignment
It takes place after a preliminary
Charges are read.
hearing or indictment.
Arraignment
An attorney is provided if the
defendant has not yet
retained one.
The defendant is asked to
If the plea is “not guilty,”
enter a plea.
than a trial date is set.
Arraignment:
Arraignment:
Trial
If the defendant enters a plea
of “not guilty” at the arraignment, the proceedings will move
forward to the trial phase.
Trial
At this phase, the burden of proof is on the state to prove “beyond a
reasonable doubt” that the defendant committed the crime.
Trial
In criminal proceedings, a trial is the examination in a court of the issues of fact and
law in a case, for the purpose of reaching a judgment of conviction or acquittal of
the defendant(s).
Sentencing
Fine
Probation
Prison
Community Corrections
Capital defendants may be sentenced
to death
Sentencing
Sentences can be served:
consecutively - one after another
concurrently - served at the same time
Corrections
Due Process:
Due Process:
Constitutional
Amendments
The Fourteenth Amendment
The Fourth Amendment
The Fifth Amendment
The Sixth Amendment
The Sixth Amendment
The Eighth Amendment
The Limits of Criminal Sanctions, 1968
by Herbert Packer
Crime Control Model
“Primary attention is paid to the efficiency with which the criminal process operates
to screen suspects, determine guilt, and secure appropriate dispositions of persons
convicted of crime.” (Packer)
Crime Control Model
assembly line justice
focus on system efficiency
Due Process Model
To protect the innocent:
“each of its successive stages is designed to present formidable impediments to
carrying the accused any further along in the process.”
(Packer)
Due Process Model
obstacle course justice
focus on individual rights